Property owners and managers are to ensure that their premises are safe for all visitors and staff members. If they fail to keep this standard and you suffer injuries from slipping and falling, you might have grounds to file an insurance claim or lawsuit against them. A slip and fall lawyer at our firm can help you find your way through the legal process after sustaining such an accident in Jamaica.
At the Law Office of Cohen & Jaffe, LLP, we make it our mission to leave no stone unturned for all our clients so they can seek the compensation to which they may be entitled.
Proving Negligence in a Slip and Fall Case
The New York State Bar Association (NYSBA) affirms that all those in charge of a given property must keep it free of hazards to reduce the risk of injury. Unfortunately, not all property owners and managers follow through with this standard.
To prove this negligence, you must apply the following four elements to your case:
Duty of care
The property owner or manager owes all patrons a duty of care in keeping the premises safe. For example, if there is a spill on the floor, they must clean the area and put up a warning sign, so everyone knows to avoid the area and proceed with caution if they need to cross it.
Breach of duty
The property owner failed to uphold this standard of care. That is, they ignored the spill or did not promptly address it.
You slipped and fell and suffered injuries as a result because the owner hadn’t put up a sign yet or cleaned up the spill.
Your injuries prompted you to go to the doctor for treatment, take time off work, and kept you from engaging in your favorite recreational activities.
Sometimes, it is not easy to pinpoint who is directly responsible for the accident. It might not even be the property owner or manager. A third party could be liable, instead. However, your lawyer can conduct a thorough investigation to name the liable party.
How a Slip and Fall Lawyer with Our Firm Can Assist You with Your Case
Our lawyers will manage all aspects of your case while you concentrate on healing from the accident.
You can rely on us to provide the following services:
- Requesting the incident report
- Gathering photos and video recordings of the incident
- Speaking to eyewitnesses
- Consulting your medical team to get an idea of your prognosis
- Identifying who is liable for your injuries
- Communicating with involved entities and their representatives
- Fighting for a just settlement on your behalf
- Complying the relevant state deadlines (e.g., CVP §214 or EPT §5.4-1)
- Notifying you about any updates regarding your case
We can provide these services (and others) for a contingency fee, meaning our payment will be based on the outcome of the case, rather than upfront and retainer costs. If we are unsuccessful and can’t obtain a settlement or court award, we walk away empty-handed. There is no risk when you hire our firm to represent you.
You May Qualify for Damages After a Slip and Fall Accident in Jamaica
How much compensation you can get following a slip and fall accident depends on:
- The type and severity of your injuries
- Your prognosis
- Your quality of life
- How the accident has affected you financially
Your lawyer can review your case and, from there, determine what damages you can recover. Some of these might be:
- Emergency and ongoing medical bills
- Lost wages
- Decreased future earning capacity
- In-home care costs
- Pain and suffering
- Mental anguish
- Lost quality of life
- Disability and disfigurement
- Wrongful death damages
Note that this list is not conclusive, as you might be eligible to claim other damages that you are not aware of yet.
What You Can Do to Protect Your Case
You might feel like since the accident is over, there isn’t much you can do to help your case. However, there are ways you can protect yourself to help you secure the compensation you need.
Know How Insurance Companies Work
The insurance company might contact you to take your statement within a few days of the accident. Avoid answering their calls at all costs. You are not required to talk to them, and they might take what you say out of context.
Even if you say, “I’m fine,” it can be held against you because:
- They could say your injuries aren’t that serious.
- They might pin some of the blame on you.
- They could offer you a lower settlement than you need.
- They could trick you into accepting a settlement that doesn’t meet your needs.
Once you agree to their offer, you can’t request more compensation. You don’t want to be left paying for your losses, so let a lawyer from the Law Office of Cohen & Jaffe, LLP work with them—we know the tactics they might use.
Track Your Pain Levels in a Journal, Not on Social Media
We encourage you to keep a daily journal of your recovery process. You can include details, such as:
- Your pain levels
- Your mood
- Your injuries
- What you did that day
- Anything you remember from the accident
You must keep this journal private. Beware of posting about the accident and your injuries on social media. Remember, the insurance companies can find a way to access your photos and posts and use them against you during the negotiation process.
Until your case is closed, posting on social media is ill-advised.
The Attorneys at the Law Office of Cohen & Jaffe, LLP is Ready to Fight for You
Don’t succumb to paying for your damages that weren’t your fault. You have the right to hold the at-fault party responsible for their negligence. Let our Jamaica lawyer take over your slip and fall accident case. To learn more about your legal options, contact us today at (516) 358-6900.